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HomeMy WebLinkAbout20221010 Ver 1_BRM Industrial Park PCN Form - Signed 8-25-22_20220825Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑ Section 10 Permit \ Section 404 Permit 1 b. Specify Nationwide Permit (NWP) number: 18 & 39 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes \ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): — Regular ❑ Non-404 Jurisdictional General Permit — Express ❑ Riparian Buffer Authorization \ 401 Water Quality Certification ❑ 401 Water Quality Certification 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: For the record only for Corps Permit: ❑ Yes \ No ❑ Yes \ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes \ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes \ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes \ No 2. Project Information 2a. Name of project: Blue Ridge Metals Industrial Park 2b. County: Henderson 2c. Nearest municipality / town: Fletcher 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: MINKLES BRM, LLC 3b. Deed Book and Page No. 003794/00258 3c. Responsible Party (for LLC if applicable): David E. Gibbons 3d. Street address: 7 Parliament Place 3e. City, state, zip: Dallas, Texas 75225 3f. Telephone no.: (214) 616-0652 3g. Fax no.: N/A 3h. Email address: david@bunrootis.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: \ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: R. Clement Riddle 5b. Business name (if applicable): ClearWater, an EnviroScience Company 5c. Street address: 145 7th Avenue W; Suite B 5d. City, state, zip: Hendersonville, NC 28792 5e. Telephone no.: 828-698-9800 5f. Fax no.: N/A 5g. Email address: jgolladay@enviroscienceinc.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 9663-10-2350 1 b. Site coordinates (in decimal degrees): Latitude: 35.432196 Longitude: -82.486604 1 c. Property size: 58.05 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Cane Creek / Hoopers Creek 2b. Water Quality Classification of nearest receiving water: Class C / Class C 2c. River basin: Upper French Broad / 06010105 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: See additional information following the PCN form. 3b. List the total estimated acreage of all existing wetlands on the property: 0.395 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 630 3d. Explain the purpose of the proposed project: The purpose of the project is to fill wetland ditches on site to provide sufficient rock ballast surface area for storage of auto auctioned vehicles. 3e. Describe the overall project in detail, including the type of equipment to be used: See additional information following the PCN form. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / (includingall priorphases)in the past? project � \ Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary \ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Clearwater Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW-2021-00707; Approved Jurisdictional Determination Issued June 09, 2021. See Attachment A. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes \ No Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes \ No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections were completed below for your project (check ❑ Streams — tributaries ❑ Buffers all that apply): Waters ❑ Pond Construction \ Wetlands \ Open 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 2h. Comments: SEE ATTACHED SUPPLEMENTAL INFORMATION. Wetland Impacts W1-W2 proposed to be authorized by Nationwide Permit 39. Wetland Impacts W3-W7 proposed to be authorized by Nationwide Permit 18. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one - - S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 P N/A Fill Pond 0.005 O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments:Owl proposed to be authorized by NWP 39. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number- Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed wetland impacts are the minimum necessary to provide sufficient parking area and maneuverability for the anticipated volume of auto auctioned vehicles. Wetland impacts W2, W3, and W4 occur in reaches of linear wetland that already contain sections of culvert, which contributes to minimization of impacts. The current site impact plan avoids 100% of the streams on site and avoids 76% of wetlands on site. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All equipment will be operated from high ground. The applicant will adhere to erosion and sediment control standards necessary to protect downstream water quality. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? No ❑ Yes \ 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes \ No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes \ No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 62.5 % 2b. Does this project require a Stormwater Management Plan? \ Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The proposed project is subject to review and approval by Henderson County. Henderson County is a delegated authority for the review and approval of Stormwater Management Plans. Documentation of approval can be forwarded if requested 2e. Who will be responsible for the review of the Stormwater Management Plan? Henderson County 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Henderson County 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): \ Phase II NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes \ No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): Coastal counties ❑ HQW ❑ORW ❑Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ❑ Yes \ No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑ Yes ❑ No 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: ❑ Yes ❑ No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑ Yes \ No 2b. Is this an after -the -fact permit application? ❑Yes \ No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes \ No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed impacts will not result in additional development that could affect downstream water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Facility associated wastewater will tie in to existing Metropolitan Sewage District sanitary sewer main and structures along Mills Gap Road. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ❑ Yes \ No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes \ No 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See additional information following the PCN form. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes \ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA's Essential Fish Habitat (EFH) Mapper. Accessed 07/18/2022. at https://www.habitat.noaa.gov/protection/efh/efhmapper/. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes \ No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? See additional information following the PCN form. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ No \ Yes 8b. If yes, explain how project meets FEMA requirements: The project will partially occur within the 100-year floodplain of Cane Creek. The engineer will obtain a Henderson County Floodplain Permit if necessary. 8c. What source(s) did you use to make the floodplain determination? FEMA's National Flood Hazard Layer Viewer, FIRM Panel: 3700966300K & 3700966200J. Jeff Golladay Applicant/Agent's Printed Name 94 9deeadav 2022-7-26 Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 C.2. Wetland Impacts NWP 39 NWP 18 2a. Wetland impact number Permanent (P) Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction 2f. Area of impact (acres) W1 - P Fill Floodplain Wetland/Ditch No Corps 0.005 W2 - P Fill Floodplain Wetland/Ditch No Corps 0.010 W3 - P Fill Floodplain Wetland/Ditch No Corps 0.003 W4 - P Fill Floodplain Wetland/Ditch No Corps 0.018 W5 - P Fill Floodplain Wetland/Ditch No Corps 0.018 W6 - P Fill Floodplain Wetland/Ditch No Corps 0.037 W7 - P Fill Floodplain Wetland/Ditch No Corps 0.004 Total 0.095 Total Wetlands 0.395 NWP 39 IF0.015 Percent Avoidance 75.95 NWP 18 0.080 PCN Form Additional Information Section B.3a Project Description — Land Use The project area is currently an undeveloped, agricultural field. The project area is bordered by Cane Creek (Class C) and agricultural lots to the west, Hoopers Creek (Class C) and agricultural lots to the south, industrial and manufacturing facilities to the east, and Mills Gap Road and industrial and manufacturing facilities to the north. The project site covers approximately 58.05 acres and is entirely cleared except for several wetland ditches and one small tributary to Cane Creek. Section B.3e Project Description — Details The project will involve the construction of a new auto auctioned vehicle storage lot. To provide adequate parking area for the anticipated volume of auto auctioned vehicles, the development will require the installation of approximately 34.2 acres of rock ballast surfacing (See Figure 5). The installation of the proposed rock ballast surfacing will involve seven (7) permanent wetland impacts and one permanent open water impact. Two (2) of the permanent wetland impacts (Impact W1 [0.005 Ac]; and Impact W2 [0.010 Ac]) and the open water impact (Impact OW1 [0.005 Ac]) are proposed to occur outside of the FEMA designated 100-year floodplain. The five (5) remaining permanent wetland impacts (Impact W3 [0.003 Ac]; Impact W4 [0.018 Ac]; Impact W5 [0.018 Ac]; Impact W6 [0.037 Ac]; and Impact W7 [0.004 Ac]) are proposed to occur within the FEMA designated 100-year floodplain. Permanent Wetland Impacts W1 and W2 and Open Water Impact OW1 seek authorization under Nationwide Permit 39. Permanent Wetland Impacts W3, W4, W5, W6, and W7 seek authorization under Nationwide Permit 18. Please refer to Figure 5 for wetland and open water impact details. Typical grading equipment (trackhoe, dozer, drum - roller, etc.) will be used during the development of the site and will be operated from high ground. Section F.5d Endangered Species and Designated Critical Habitat — Sources The USFWS IPaC "Official Species List" (Appendix B) lists nine (9) species as potentially occurring within the project boundary: Common Name Scientific Name Status Appalachian elktoe Alasmidonta raveneliana Endangered Bog turtle Glyptemys muhlenbergii Threatened (S/A) 2 Bunched arrowhead Sagittaria fasciculata Endangered Gray bat Myotis grisescens Endangered Mountain sweet pitcherplant Sarracenia rubra ssp. jonesii Endangered Northern long-eared bat Myotis septentrionalis Threatened Small whorled pogonia Isotria medeoloides Threatened Swamp pink Helonia bullata Threatened White irisette Sisyrinchium dichotomum Endangered The project area is currently an undeveloped, agricultural field. The property is dominated by row crop and has been in continuous agricultural use for the past 25+ years. ClearWater consulted the FWS's "Northern Long -Eared Bat Consultation Areas" for Henderson County. The project site is not within a watershed with known northern long-eared bat maternity trees or hibernation sites. Therefore, the project satisfies the 4(d) rule and consultation for effects on the northern long-eared bat is not required. No naturally occurring suitable habitat (caves) for the gray bat were observed on this site. It is the opinion of ClearWater that this project is not likely to adversely affect the gray bat. No medium -to -large streams or bogs were observed within the project boundary; therefore, suitable habitat for Appalachian elktoe, bog turtle, mountain sweet pitcher -plant, and swamp pink is not present with the project site. It is the opinion of ClearWater that this project is not likely to adversely affect any of these species. Potentially suitable habitat for bunched arrowhead was not observed in the wetlands on site. The proposed impacted wetlands are historic agricultural ditches that are dense with numerous invasive species (See attached photos). No herbs belonging to the Sagittaria genus were observed on site. It is the opinion of ClearWater that project activities are not likely to adversely affect bunched arrowhead. Potentially suitable habitat for white irisette was not observed on site. The site lies at elevations below those known to support populations of white irisette and no regions of the site provides areas of shallow soil over rock. No herbs belonging to the Sisyrinchium genus were observed on site. It is the opinion of ClearWater that project activities are not likely to adversely affect white irisette. Potentially suitable habitat for small whorled pogonia was not observed within the project site. The project site does not contain the forested habitat and companion species typically associated with small whorled pogonia. Additionally, no members of the Isotria genus were observed on site. It is the opinion of ClearWater that the project is not likely to adversely affect small whorled pogonia. A review of the NC Natural Heritage Program database on July 18, 2022, indicates no element occurrences of federally protected species within a one -mile radius of the project boundary. See Appendix B. Section F.7b. Historic or Prehistoric Cultural Resources — Sources One historic resource is located within 0.5 mile of the project site. The historic resource is listed as Site ID HN1987: The Meadows (Blake House). The listed historic site is located approximately 0.4 miles from the project site and is currently surrounded by commercial businesses. It is the opinion of ClearWater that project activities will not affect the above listed property or any historic properties. Data gathered from NCHPO's HPOWEB 2.0 for General Audience. Accessed July 18, 2022.